[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR17.1]

[Page 228]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 17_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN EPA ADMINISTRATIVE PROCEEDINGS--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 17.1  Purpose of these rules.




                      Subpart A_General Provisions

Sec. 
17.1 Purpose of these rules.
17.2 Definitions.
17.3 Proceedings covered.
17.4 Applicability to EPA proceedings.
17.5 Eligibility of applicants.
17.6 Standards for awards.
17.7 Allowable fees and other expenses.
17.8 Delegation of authority.

             Subpart B_Information Required From Applicants

17.11 Contents of application.
17.12 Net worth exhibit.
17.13 Documentation of fees and expenses.
17.14 Time for submission of application.

            Subpart C_Procedures for Considering Applications

17.21 Filing and service of documents.
17.22 Answer to application.
17.23 Comments by other parties.
17.24 Settlement.
17.25 Extensions of time and further proceedings.
17.26 Decision on application.
17.27 Agency review.
17.28 Judicial review.
17.29 Payment of award.

    Authority: Sec. ion 504, Title 5 U.S.C., as amended by Sec. 
203(a)(1), Equal Access to Justice Act (Title 2 of Pub. L. 96-481, 94 
Stat. 2323).

    Source: 48 FR 39936, Sept. 2, 1983, unless otherwise noted.



    These rules are adopted by EPA pursuant to section 504 of title 5 
U.S.C., as added by section 203(a)(1) of the Equal Access to Justice 
Act, Public Law No. 96-481. Under the Act, an eligible party may receive 
an award for attorney's fees and other expenses when it prevails over 
EPA in an adversary adjudication before EPA unless EPA's position as a 
party to the proceeding was substantially justified or special 
circumstances make an award unjust. The purpose of these rules is to 
establish procedures for the submission and consideration of 
applications for awards against EPA when the underlying decision is not 
reviewed by a court.